The U.S. Transportation Department has made it harder for consumers to argue unfair and deceptive practices by airlines.
It has angered consumer groups and the Transportation Department itself acknowledged that changes may be perceived as favoring airlines over consumer protections.
The DOT said it ‘could translate into the department performing fewer enforcement and rule-making actions.’
However it says it will give ‘greater transparency and predictability on how the department conducts its aviation consumer protection rulemaking.’
Under previous rules, deceptive practices could be determined based on the individual case but now defines it if it ’causes or is likely to cause substantial injury, which is not reasonably avoidable, and the harm is not outweighed by benefits to consumers or competition.’
The new policy also lets airlines request formal hearings before any new consumer protection rules are issued.
The changes were proposed by trade group Airlines for America which were described as ‘anti-consumer’ by the National Consumers League.
The NCL accused the agency of trying to sneak the rule change under the radar as the country enjoyed the Thanksgiving holidays.
"The DOT’s decision, at the height of a pandemic, to kneecap its ability to protect millions of travelers from airline abuses is deeply disappointing," it said in a statement.
"That the department decided to do so on the Friday after Thanksgiving highlights that they hope this terrible decision will be forgotten by Monday."
In contrast A4A welcomed the change.
"It is a critical step forward in ensuring a data-driven regulatory process, which will produce widespread and lasting benefits for air travelers, airlines and the economy," it said.
The rule change was first mooted in February and was opposed by several consumer groups as well as members of the Federal Trade Commission.
Written by Ray Montgomery, US Editor
